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UNITED STATES v. MOSES

No. 74-2831, Summary Calendar.

507 F.2d 655 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Franklin MOSES, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 30, 1975.

Attorney(s) appearing for the Case

Jack V. Eskenazi, Federal Public Defender, Michael Brodsky, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., David F. McIntosh, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

Benjamin Franklin Moses appeals from his conviction of knowing failure to report for induction, Title 50, App., U.S.C., Section 462. We affirm.

Moses does not contest the fact that he wilfully and knowingly failed to appear for induction into the Armed Forces of the United States.1 Instead he urges that the induction order under which he was indicted was invalid, thereby nullifying...

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